A workplace injury can turn your life upside down—physically, emotionally, and financially. Montana’s workers’ compensation system is designed to provide support, but the process can be confusing and intimidating. At Duckworth Law, we believe every injured worker deserves clear, honest information and strong advocacy. Here’s what you need to know about your rights and the workers’ comp process in Montana.
1. What is Workers’ Compensation?
Workers’ compensation is a no-fault insurance system that provides medical and wage benefits to employees injured on the job. In Montana, most employers are required by law to carry workers’ comp insurance.
2. Who is Eligible?
- Covered employees: Most full-time, part-time, and seasonal workers are covered. Some exceptions apply.
- Covered injuries: Any injury or illness arising out of and in the course of employment, including repetitive stress injuries and occupational diseases.
3. What Benefits Are Available?
- Medical care: All reasonable and necessary medical treatment related to your injury.
- Wage replacement: Temporary total disability (TTD) or temporary partial disability (TPD) benefits if you can’t work or must work reduced hours.
- Permanent disability: Benefits for permanent impairment or loss of function.
- Vocational rehabilitation: Assistance if you can’t return to your previous job.
- Death benefits: For families of workers killed on the job.
4. How to File a Claim
- Report the injury. Notify your employer as soon as possible—Montana law requires you to report within 30 days.
- Seek medical attention. Tell your doctor the injury is work-related.
- File a First Report of Injury (FROI). Your employer or their insurer should file this form, but you can also submit it directly to the Montana Department of Labor & Industry.
- Keep records. Save all medical reports, correspondence, and forms.
5. What If Your Claim Is Denied?
- Don’t give up. Many valid claims are initially denied due to paperwork errors or lack of documentation.
- Appeal process. You have the right to appeal a denial through the Montana Workers’ Compensation Court.
- Legal help matters. An experienced attorney can help you gather evidence, meet deadlines, and present your case effectively.
6. Protecting Your Rights
- Don’t delay. Missing deadlines can jeopardize your claim.
- Be honest and thorough. Incomplete or inaccurate information can lead to denial or delays.
- Consult an attorney. At Duckworth Law, we help injured workers navigate the system, fight for fair benefits, and protect their rights every step of the way.
Final Thoughts
Navigating Montana’s workers’ compensation system can feel overwhelming, especially when you’re already dealing with the physical and emotional toll of a workplace injury. The process is full of deadlines, paperwork, and legal nuances that can easily trip up even the most diligent worker. That’s why it’s so important to have a knowledgeable advocate in your corner—someone who understands the system, knows how to protect your rights, and will fight to ensure you receive the benefits you’re entitled to.
At Duckworth Law, we take pride in standing up for Montana workers and making sure no one is left to face the system alone. If you’ve been injured on the job, contact us for a free, confidential consultation and let us help you secure the support and compensation you deserve.